An Act Prohibiting Female Genital Mutilation

Sec. 1. 17-A MRSA §214  is enacted to read:

§ 214.  Female genital mutilation of a minor; transportation

SUMMARY

This bill defines "female genital mutilation" and makes it a Class A crime to perform female genital mutilation on a female individual under 18 years of age for nonmedical purposes or a Class B crime if the person who performs the female genital mutilation is a parent, guardian or someone who has immediate custody of the female individual. This bill also criminalizes transporting a female individual under 18 years of age outside of the State for the purpose of undergoing female genital mutilation. A physician licensed in Maine who performs a female genital mutilation of a minor is subject to permanent revocation of the medical license of that physician.

This bill extends the statute of limitations to the 25th birthday of a victim of female genital mutilation and allows, in order to determine the age of a female individual who is a victim of female genital mutilation and who does not have a birth certificate, the use of school records or a document filed with a government agency to establish the age of the female individual.

Under the provisions of the bill, it is not a defense to prosecution that the female individual, or the parent, guardian or person who has immediate custody of the female individual, consented to the procedure or believed that it was necessary for custom, religion or ritual. It is a defense to prosecution that the procedure was done for purposes related to the health of the female individual by a person licensed as a physician in this State.